Castrillon v. Oulabed

The defendants met their prima facie burden of showing that the plaintiff Juan Carlos Castrillon (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’ submissions either did not constitute competent medical evidence in admissible form (see Grasso v Angerami, 79 NY2d 813, 814-815 [1991]; Pagano v Kingsbury, 182…